[HISTORY: Adopted by the Town Board of the Town of Vernon 9-2-2004
(§§ 21.01 to 21.09 and 21.12 to 21.16 of the Town Code). Amendments
noted where applicable.]
The provisions of Ch. 125, Wis. Stats., enumerated below and as amended from time to time, exclusive of any provisions relating to any penalty to be imposed or the punishment for the violation of such statutes, unless otherwise indicated, are hereby adopted by reference and made a part of this chapter:
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General Provisions
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125.02
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Definitions
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125.04
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General licensing requirements
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125.07
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Underage and intoxicated persons; presence on licensed premises; possession;
penalties
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Penalty provisions under this section apply
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125.09
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General restrictions
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125.12(1), (2) and (3)
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Revocations, suspensions, refusals to issue or renew
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125.14
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Enforcement provisions
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Fermented Malt Beverages
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125.25
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Class "A" licenses
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125.26
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Class "B" licenses
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125.28
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Wholesalers' licenses
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125.31
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Multiple licenses and permits
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125.32
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General restrictions and requirements
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Intoxicating Liquors
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125.51
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Retail licenses and permits
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125.67
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Evading provisions of law by giving away intoxicating liquor; penalties
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Penalty provisions under this section apply
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125.68
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General restrictions and requirements
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The Town Clerk shall notify the County Environmental Health Division,
the Town Building Inspector and Town Fire Inspector of all license and permit
applications. These officials shall inspect each premises to determine whether
the application and the premises sought to be licensed comply with the regulations,
ordinances and laws applicable thereto. These officials shall furnish to the
Town Clerk, in writing, the information derived from such investigation.
There shall be the following classes and denominations of licenses and
permits which, when issued by the authority of the Town Board, after payment
of the fee as set by the Town Board by resolution, shall permit the holder
to sell, deal or traffic in intoxicating liquor or fermented malt beverages
as provided in §§ 125.04(6)(e), 125.17, 125.26, 125.28(2) and
125.51, Wis. Stats. The fees required under this chapter must be paid prior
to issuance of any license or permit described in this chapter. If the fee
is paid prior to issuance of such license or permit and the issuance is then
denied by the issuing authority, the fee shall be refunded.
A.
Class "A" fermented malt beverage retailer's license.
B.
Class "B" fermented malt beverage retailer's license.
C.
Wholesaler's fermented malt beverage license.
D.
Combined temporary Class "B" (picnic) fermented malt
beverage license and temporary "Class B" (picnic) wine license.
E.
"Class A" liquor license.
F.
"Class B" liquor license.
G.
Operator's license.
H.
Temporary operator's license.
I.
Provisional operator's license.
J.
Provisional retail license.
K.
Reserve "Class B" liquor license.
A.
Issuance of licenses.
[Amended 7-5-2007 by Ord. No. 2007-05]
(1)
Operator’s and temporary licenses. Upon completion of the
applicable license application and payment of the fee established by the Town
Board, the Town Clerk shall forward said application to the Town Board for
action.
(2)
Provisional licenses. Pursuant to Wis. Stats. § 125.17(5)(a), the Town Board of the Town of Vernon does hereby authorize the Town of Vernon Clerk to issue provisional operator's licenses subject to the provisions in Subsection E. Pursuant to Wis. Stats. § 125.17(5)(e), the Town Clerk may revoke a provisional license issued under this section upon the occurrence of any of the following:
B.
C.
Renewal license. Renewals are required in order to retain an
operator's license. If renewal is not made prior to expiration of the operator's
license, the applicant will then be required to complete an original operator's
license application and meet the requirements for an original license. A background
check must be completed prior to the issuance of the renewal of the operator's
license.
D.
E.
Provisional operator's license.
[Amended 7-5-2007 by Ord. No. 2007-05]
(1)
The Town Clerk shall issue a provisional operator's license to
a person who, at the time of application for an operator's license and payment
of the fee established by the Town Board, files a certified copy of a valid
operator's license issued by another municipality.
(2)
A provisional operator's license may be issued by the Town Clerk
only to a person who has attained the age of 18 who has applied for an original
operator's license subject to the following conditions:
(a)
No license may be issued to any person who has been denied an
operator's license by the Town of Vernon.
(b)
Completed application filled out and submitted with fee to Town
Clerk.
(c)
Completed background check at the Waukesha County Sheriff's Department
demonstrating that the applicant does not have a felony conviction record
or an arrest record for alcohol-related offense(s) within the past two years.
(d)
Enrollment in an approved responsible beverage server training
course under Wis. Stats. § 125.17(6).
(3)
A provisional license shall expire after 60 days pursuant to § 125.17(5), Wis. Stats., or when an operator’s license is issued to the holder, whichever is sooner. A provisional license issued under Subsection E(1) shall expire after 60 days, when an operator’s license is issued to the holder, or upon expiration of the operator's license issued by another municipality and filed under Subsection E(1), whichever is sooner.
(4)
The Town Board shall revoke any provisional license issued under
this section pursuant to Wis. Stats.§ 125.17(6)(b) if the applicant
fails to successfully complete the alcohol beverage server training course
in which he or she enrolls.
The following classes and denominations of licenses may be issued by the Town Clerk under the authority of the Town Board upon compliance with law and payment of the fee specified under § 187-3. When so issued, such license shall permit the holder to sell, deal or traffic in alcoholic beverages as provided in the referenced state statute.
A.
Class "A" fermented malt beverage license. See § 125.25,
Wis. Stats.
B.
Class "B" fermented malt beverage license. See § 125.26,
Wis. Stats.
C.
Wholesaler's fermented malt beverage license. See § 125.28,
Wis. Stats.
D.
Retail "Class A" liquor license. See § 125.51(2),
Wis. Stats.
E.
Retail "Class B" liquor license. A retail "Class B" liquor
license shall permit its holder to sell liquor in the original package or
container in multiples not to exceed four liters at any one time to be consumed
off the licensed premises. See § 125.51(3), Wis. Stats.
(1)
A license may be issued after July 1 in any license year
which shall expire on the following June 30. The fee for the license shall
be prorated according to the number of months or fraction of a month remaining
until the following June 30.
(2)
Licenses valid for six months may be issued at any time.
The fee for such license shall be 50% of the annual license fee. The license
may not be renewed during the calendar year in which issued. See § 125.51(9),
Wis. Stats.
F.
Temporary Class "B" (picnic) fermented malt beverage
license and temporary "Class B" (picnic) wine license. A temporary Class "B"
(picnic) beer license and "Class B" (picnic) wine license may be issued to
bona fide clubs, to county or local fair associations or agricultural societies,
to churches, lodges or societies that have been in existence for at least
six months before the date of application and to the posts of veterans' organizations
authorizing the sale of fermented malt beverages at a particular picnic or
similar gathering, at a meeting of the post, or during a fair conducted by
the fair association or agricultural society. See §§ 125.26
and 125.51(10), Wis. Stats. The requirements for a temporary Class "B" fermented
malt beverage license and a temporary "Class B" wine license are:
A.
Form. Application for a license to sell or deal in intoxicating
liquor or fermented malt beverages shall be made in writing on forms presented
by the Wisconsin Department of Revenue and filed with the Town Clerk at least
15 days prior to issuance. The premises shall be physically described, including
every room and storage space to be covered by the license and including all
rooms joined by connecting entrances or not separated by a solid wall.
B.
Application to be notarized. The application shall be
signed and sworn to by the applicant as provided by § 887.01, Wis.
Stats.
C.
Publication. Prior to issuance of a license under this
chapter, the Town Clerk shall publish notice of the application in the official
Town newspaper(s).
D.
List of licensees. By July 15 of each year, the Town Clerk shall forward to the State Department of Revenue a list containing the name, address and trade name of each person holding a license issued under this chapter, except a temporary picnic license (§ 187-5F).
E.
License restrictions.
(1)
Licenses shall be issued only to persons eligible therefor
under § 125.04, Wis. Stats.
(2)
No "Class A" or "Class B" license or permit shall be
issued for premises where the main entrance is less than 300 feet from the
main entrance of any established public school, parochial school, hospital
or church. Such distance shall be measured by the shortest route along the
highway from the closest point of the main entrance of a school, church or
hospital to the main entrance of the premises covered by the license. This
subsection shall not apply to premises licensed as such on June 30, 1947,
nor shall it apply to any premises licensed as such prior to the occupation
of real property within 300 feet thereof by any school, hospital or church
building.
(3)
No "Class A" or "Class B" license shall be issued to
any person who has been convicted of a violation of any federal or state liquor
or fermented malt beverage law or the provisions of this chapter or whose
license has been revoked under § 125.12, Wis. Stats., during one
year prior to such application. A conviction of a member of a partnership
or the partnership itself shall make the partnership or any member thereof
ineligible for such license for one year.
(4)
No retail "Class B" license shall be issued for any premises
which does not conform to the sanitary, safety and health requirements of
the State Department of Commerce pertaining to buildings and plumbing, to
the rules and regulations of the State Department of Health and Family Services
applicable to restaurants and to all such ordinances and regulations adopted
by the Town Board.
(5)
The number of persons and places that may be granted
a retail "Class B" liquor license under this chapter is limited as provided
in § 125.51(4), Wis. Stats.
(6)
No corporation organized under the laws of this state
or any other state or foreign country may be issued any alcohol beverage licenses
or permit unless such corporation meets the requirements of § 125.04(6),
Wis. Stats.
(7)
No license hereunder, except an operator's license, shall
be granted to any person who has not attained the legal drinking age. Operators'
licenses may be issued only to applicants who have attained the age of 18.
(8)
No license shall be granted for any premises for which
taxes, assessments or other claims of the Town are delinquent and unpaid,
or to any person delinquent in payment of such claims, including unpaid forfeiture
judgments to the Town.
F.
Form and expiration of licenses. All licenses shall be
numbered in the order in which they are issued and shall state clearly the
specific premises for which granted, the date of issuance, the fee paid and
the name of the licensee and, unless sooner revoked, shall expire on June
30 thereafter except as otherwise provided by law.[1]
A.
Procedure. Except as hereinafter provided, § 125.12,
Wis. Stats., shall apply to proceedings for the revocation or suspension of
all licenses or permits granted under this chapter. Revocation or suspension
proceedings may be instituted by the Town Board upon its own motion by adoption
of a resolution.
B.
Repossession of license or permit. Whenever any license
or permit under this chapter shall be revoked or suspended, the Town Clerk
shall notify the licensee or permittee of such suspension or take physical
possession of the license or permit wherever it may be found and file it in
the Town Clerk's office.
C.
Effect of revocation of license. No license shall be
issued to any person who has had a license pursuant to this chapter revoked
within 12 months prior to application.
A license fee due and unpaid under this chapter shall be a debt due
to the Town. It shall be the personal obligation of the person required to
obtain a license and shall be a lien upon his property. Such lien shall have
priority over all other liens and obligations except those due to this state
and the United States. The Clerk shall enforce such lien as any other lien
would be enforced against a defaulting debtor.
A.
As to person. No license shall be transferable as to
the licensee except as provided by § 125.04(12), Wis. Stats.
B.
As to place. Licenses issued pursuant to this chapter
may be transferred to another premises once during any license year as provided
in § 125.04(12), Wis. Stats. Application for such transfer shall
be made on blanks furnished by the State Department of Revenue. Proceedings
for transfer shall be had in the same manner and form as the original application.
A.
Penalties for nonpayment. Any person who fails to remit the amount
of the license fee shall, in addition to all other penalties, pay a penalty
of 100% of the license fee due. For each successive day elapsing before payment
there shall be added an additional penalty of 10%.
